Florida Airbnb Laws: Short-Term Rental Regulations in the Sunshine State

The Laws & Regulations: What Hosts Must Know

What Are Airbnb Laws?

Florida Airbnb laws refer to the statewide and local regulations that govern short-term vacation rentals. These laws determine where, how, and under what conditions rental owners can legally operate an Airbnb or other short-term rental property.

Under Florida law, a short-term rental (also called a vacation rental) is defined as:

“A transient public lodging establishment that includes any single-family home, duplex, triplex, quadruplex, condominium, or cooperative unit rented for a period of less than 30 days or one calendar month.”

This means that any property rented for less than 30 days at a time qualifies as a short-term rental and is subject to Florida’s vacation rental laws.

While the state government regulates licensing and taxation, Florida allows local governments (counties and cities) to set additional rules, restrictions, and enforcement policies for short-term rentals.

Statewide Short-Term Rental Laws & Licensing Requirements

Who Needs a License to Operate a Vacation Rental?

Florida requires most short-term rental properties to be licensed by the Department of Business and Professional Regulation (DBPR). If you rent out a property for more than three times per year for less than 30 days per stay, you must obtain a Florida vacation rental license.

There are two main categories of Florida short-term rental licenses:

• Vacation Rental - Dwelling License
• Applies to single-family homes, duplexes, triplexes, and quadruplexes.

• Vacation Rental - Condominium License
• Required for condo units or cooperative housing units used as short-term rentals.

Some cities require additional local permits on top of the state license. Always check city-specific regulations before listing your property.

How to Apply for a Vacation Rental License

To legally operate an Airbnb in Florida, rental owners must complete the DBPR licensing process by submitting:

• A completed Vacation Rental License Application.
• Property details (address, owner information, unit type).
• A balcony inspection certificate (if applicable).
• Proof of human trafficking awareness training for employees performing housekeeping duties.
• Payment of the $50 application fee + additional licensing fees based on the number of units.

Once approved, the license is valid for one year and must be renewed annually.

Tax Laws: What Rental Owners Must Pay

State and Local Taxes for Short-Term Rentals

Florida requires Airbnb and short-term rental hosts to collect and remit several taxes, including:

• Florida State Sales Tax (6%)
• Applied to all short-term rental transactions in Florida.
• Local Tourist Development Tax (0%–6%)
• Also known as the bed tax or transient rental tax, this varies by county.
• Discretionary Sales Surtax (0.5%–1.5%)
• A county-specific tax that applies in addition to the state sales tax.

In total, short-term rental tax rates in Florida can range from 6.5% to over 13%, depending on the county and city where the Airbnb is located.

How to File and Pay Florida Airbnb Taxes

• Airbnb and Vrbo automatically collect and remit some taxes, but hosts are responsible for reporting and paying any additional taxes, which pertains to transactions booked directly. 
• Hosts must register with the Florida Department of Revenue (DOR) to collect and file state sales tax and discretionary surtax.
• Local transient rental taxes must be paid to the county tax collector (in most cases).

Penalties for Failing to Pay Short-Term Rental Taxes

• Failure to collect and remit taxes can result in fines, interest charges, and even license suspension.
• Florida Department of Revenue audits Airbnb rental owners to ensure compliance.
• Hosts may be personally liable for any unpaid taxes.

By understanding these tax requirements, Florida Airbnb hosts can avoid penalties and ensure their business remains profitable and legally compliant.

Insurance & Liability Laws for Property Owners

Why Standard Homeowners Insurance Doesn’t Cover Rentals

Short-term rentals are considered business activities, which means most traditional homeowners insurance policies exclude them from coverage. If an Airbnb guest is injured on the property or causes property damage, the owner could be personally responsible for any costs incurred.

Cities That Require STR Insurance

Some Florida cities mandate that property owners carry additional liability insurance to legally operate an Airbnb rental. These regulations help ensure that guests and rental owners are financially protected in the event of an accident or property damage.

• Hollywood requires all short-term rental owners to carry at least $1 million in liability insurance.
• Marco Island is considering a similar rule, which could make high-limit insurance a legal requirement for STRs.
• Other Florida cities may require proof of coverage as part of the Airbnb licensing process.

Recommended Insurance Coverage for Florida Short-Term Rental Owners

To protect their business and assets, Florida rental property owners should invest in short-term rental insurance policies specifically designed for Airbnbs and vacation rentals. These policies typically include several types of coverage that go beyond what a standard homeowners insurance policy provides.

The most important types of insurance coverage for Florida Airbnb rentals include:

• Liability protection to cover guest injuries or legal claims.
• Property damage protection to cover damage caused by guests.
• Loss of income coverage if a property is damaged and cannot be rented.
• Additional coverage for amenities such as pools, hot tubs, or recreational equipment.

While Airbnb provides $1 million in Host Protection Insurance, this coverage has limitations and may not fully protect rental owners in all scenarios. For this reason, it is strongly recommended that hosts secure their own insurance policy beyond what Airbnb offers.

Rental Arbitrage in Florida: Is It Legal?

Many individuals interested in the short-term rental market explore a strategy known as rental arbitrage, where a person leases a property and then sublets it as a short-term rental on Airbnb. This model allows entrepreneurs to profit from Airbnb without owning property, but it must be done legally to avoid lease violations and fines.

Rental arbitrage is a business model where a tenant rents a property long-term and lists it as a short-term rental. While this can be a lucrative strategy in certain markets, it is not always allowed under Florida’s rental regulations and must be approved by the landlord.

Florida does not have a statewide ban on rental arbitrage, but certain conditions must be met to operate within the law. Anyone considering this model should ensure they comply with:

• Lease agreements and landlord permissions to legally sublease the property.
• Local Airbnb laws and rental regulations, which vary by city.
• Zoning rules that may prohibit non-owner-occupied short-term rentals.

Cities That Restrict Rental Arbitrage

Not every city in Florida allows rental arbitrage, as many municipalities have zoning laws or short-term rental regulations that make this model difficult or impossible to execute legally. In cities with strict Airbnb laws, rental arbitrage is either heavily regulated or outright banned.

• Miami Beach prohibits short-term rentals in most residential zones, making rental arbitrage nearly impossible.
• Orlando requires that STRs be owner-occupied, meaning a tenant cannot legally sublet a rental as an Airbnb.
• Sarasota enforces zoning laws that ban STRs in many residential areas, limiting arbitrage opportunities.

How to Legally Operate STR Arbitrage in Florida

For those considering rental arbitrage, it is essential to take the proper legal steps to avoid violating local ordinances or lease agreements. To legally operate a rental arbitrage business in Florida, an individual must:

• Obtain written permission from the landlord before subleasing.
• Verify city zoning laws to confirm that STRs are permitted in the area.
• Secure a business license or permit if required by the municipality.
• Register for Florida’s STR tax requirements, including sales tax and local transient rental taxes.

Failing to follow these regulations can result in eviction, lease termination, legal action, or city-imposed fines. Anyone looking to operate a short-term rental business without property ownership must ensure they are fully compliant with Florida’s rental laws and zoning restrictions.

Rules on Zoning & Occupancy Limits

Zoning laws determine where short-term rentals can and cannot operate, and Florida grants local governments the authority to regulate STRs within their jurisdictions. Because of this, short-term rental zoning laws vary widely across the state.

How Zoning Laws Impact Short-Term Rentals

Zoning restrictions play a significant role in the legality of Airbnb properties. In many cases, Florida cities regulate STRs by limiting their use in residential zones and restricting them to commercial or tourist districts.

The most common zoning rules affecting Airbnb hosts in Florida include:

• Some cities ban STRs in residential neighborhoods but allow them in commercial zones.
• Certain communities have HOA restrictions that prohibit STRs, even if city laws allow them.
• Zoning laws may require a special permit or license to operate legally.

Cities with Strict Zoning Laws

Several Florida cities have strict zoning regulations that make operating a short-term rental difficult in certain areas.

• Miami Beach allows STRs only in designated tourist zones and bans them in most residential areas.
• Orlando enforces a home-sharing rule, meaning the owner must reside on-site.
• Clearwater Beach restricts STRs in most residential neighborhoods and only allows them in certain commercial zones.

Before listing an Airbnb in Florida, hosts should check local zoning maps and ordinances to confirm that short-term rentals are legally permitted in their area.

Occupancy Limits

Many cities in Florida enforce guest occupancy limits to prevent noise issues and neighborhood disruptions. These limits vary based on property size, zoning, and local regulations.

Common Occupancy Limits

In most Florida cities, Airbnb rentals must follow strict occupancy rules, which are designed to control guest capacity and prevent overuse of residential properties. The most common occupancy rules include:

• A maximum of 2 adults per bedroom, plus 2 additional guests per unit.
• A total cap of 10–12 guests per rental, depending on city regulations.
• Higher limits for larger vacation homes, particularly in Destin and Fort Walton Beach.

Cities with the Strictest Occupancy Rules

Certain Florida cities have particularly strict occupancy regulations for short-term rentals.

• Miami Beach enforces a strict 2 adults per bedroom rule with no exceptions.
• Naples has zoning-based occupancy limits that vary by neighborhood.
• Destin and Fort Walton Beach have a maximum occupancy cap of 24 guests per property.

Exceeding the legal guest capacity can lead to fines, permit revocation, or Airbnb account suspension.

Fines and Penalties for Violations

Operating an Airbnb in Florida without following state and local regulations can result in significant financial penalties, legal action, or even license revocation. Many rental owners assume that short-term rental violations go unnoticed, but cities across Florida actively enforce compliance through inspections, complaints, and audits.

Common Penalties for Non-Compliant STRs

Hosts who fail to comply with Florida short-term rental laws may face a range of penalties. The most common include:

• Fines for unlicensed rentals, often starting at $250 per day.
• Tax evasion penalties for failing to collect and remit state and local taxes, which can include back taxes, interest, and additional fines.
• Permit revocation, where repeated violations lead to the suspension or cancellation of an STR license.
• Legal action from the city, which may result in court-ordered rental bans or hefty fines.

Cities That Strictly Enforce STR Laws

While not all Florida cities have aggressive STR enforcement, some actively monitor and fine illegal Airbnb rentals. These cities have made short-term rental compliance a top priority:

• Miami Beach: Fines start at $20,000 for the first violation and escalate for repeat offenses.
• Orlando: STRs operating outside approved zoning areas face daily fines and forced shutdowns.
• Naples: Hosts who fail to register STRs face $500 per day in penalties.

In cities with strict enforcement policies, authorities use online monitoring software and resident complaints to track down unlicensed vacation rentals, often leading to automatic citations for non-compliant hosts.

How to Avoid Fines and Stay Compliant

To avoid expensive fines and legal trouble, hosts should proactively ensure full compliance with Florida's STR laws. Here are the best steps to take:

• Register with the Florida DBPR and obtain a vacation rental license.
• Check local zoning rules to confirm short-term rentals are allowed in your area.
• Apply for any required local permits and comply with city-specific regulations.
• Pay all state and local STR taxes on time to avoid tax-related fines.
• Follow occupancy and noise limits to prevent complaints from neighbors.

By staying informed and following the correct procedures, Florida rental owners can operate legally and profitably without the risk of penalties.

Short-Term Rental Laws by City

Florida has statewide short-term rental regulations, but each city and county has its own additional rules governing Airbnb and STR operations. These local laws dictate where STRs are allowed, what permits are required, and how hosts must operate their properties.

Miami Beach

Miami Beach has some of the most restrictive short-term rental laws in Florida. The city enforces strict zoning laws, high fines, and rigorous permitting requirements for Airbnb properties.

• Short-term rentals are only allowed in designated tourist zones and are banned in most residential areas.
• Hosts must obtain a Business Tax Receipt (BTR) and register their property with the city.
• Rentals cannot be leased for fewer than seven days in many neighborhoods.
• Fines for illegal STRs start at $20,000 for a first offense, with increasing penalties for repeat violations.

Due to these strict regulations, many property owners in Miami Beach choose long-term rentals instead of STRs.

Orlando

Orlando allows short-term rentals, but the city enforces strict home-sharing regulations to control Airbnb operations in residential areas.

• STRs are only allowed as home-sharing, meaning that the owner must live on-site while renting out a portion of the home.
• A permit is required, and the host must prove primary residency to qualify.
• Hosts cannot rent out more than 50% of their home at any given time.
• Operating an STR outside of permitted zones can result in fines and license revocation.

These restrictions make it difficult for non-owner-occupied STR investors to operate in Orlando. However, home-sharing remains a legal and viable option for those who meet the requirements.

Tampa

Tampa has fewer short-term rental restrictions than many other Florida cities, making it a relatively Airbnb-friendly market. However, some zoning laws still apply, and hosts must comply with state-level requirements.

• STRs are generally allowed but must be located in permitted zoning districts.
• Hosts must collect and remit Florida’s STR taxes, including sales tax and local transient rental taxes.
• Tampa does not impose strict rental duration limits, making it more flexible than cities like Miami Beach.
• HOAs and neighborhood associations may still enforce their own STR restrictions, even if city zoning allows it.

For investors and hosts looking for a less regulated short-term rental market, Tampa remains one of Florida’s more flexible Airbnb-friendly cities.

Sarasota

Sarasota has implemented strict STR regulations to manage vacation rentals in residential areas while allowing them in approved zones.

• All short-term rentals must have a vacation rental certificate issued by the city.
• Annual inspections are required to ensure compliance with safety and zoning laws.
• STRs are subject to strict occupancy limits, often capped at 10–12 guests per property.
• Parking and noise ordinances must be followed to prevent disturbances to neighbors.

Because of these restrictions, Airbnb investors in Sarasota must carefully review local laws before purchasing or listing a property.

Naples

Naples has recently updated its short-term rental laws to impose stricter regulations on vacation rental properties.

• Hosts must register their STR with Collier County and obtain a vacation rental certificate.
• Failure to register can result in fines of up to $500 per day.
• STRs are subject to strict zoning laws, with some areas banning them entirely.
• Naples enforces maximum occupancy limits to prevent large gatherings in residential neighborhoods.

Investors and property owners in Naples should verify zoning and registration requirements before entering the Airbnb market.

Destin & Fort Walton Beach

Destin and Fort Walton Beach are two of Florida’s most popular short-term rental destinations, but they have specific regulations to manage STR growth and guest capacity.

• Occupancy is limited to 2 adults per bedroom, with a maximum cap of 24 guests per property.
• STRs must be registered with the city and comply with tax collection requirements.
• Noise, parking, and trash rules are strictly enforced to minimize disturbances to full-time residents.

Despite these regulations, Destin and Fort Walton Beach remain highly profitable markets for vacation rentals, especially for large homes and beachfront properties.

Fort Lauderdale

Fort Lauderdale is one of the more flexible STR markets in Florida but still has specific licensing and zoning requirements that rental owners must follow.

• STRs are allowed in most zoning districts, except RS-8 and RS-15, which prohibit STRs in accessory dwelling units.
• Hosts must register their rental property with the city and obtain a vacation rental certificate.
• A Business Tax Receipt is required, along with proof of registration with the Florida DBPR.
• Annual safety inspections are required to ensure compliance with fire and building codes.
• Maximum occupancy is limited to 2 persons per sleeping room, with additional city-imposed caps.

Despite these regulations, Fort Lauderdale remains a strong market for Airbnb investors, particularly in beachfront neighborhoods and high-tourism zones.

Jacksonville

Jacksonville has fewer STR restrictions than other Florida cities, making it a more Airbnb-friendly market. However, there are still zoning and licensing requirements that hosts must meet.

• STRs require a vacation rental certificate issued by the city.
• Hosts must comply with zoning laws, which determine where STRs can legally operate.
• Annual licensing renewal is required, along with compliance inspections.
• Transient rental taxes must be collected and remitted to local and state agencies.

Jacksonville’s relatively relaxed regulations make it a good investment opportunity for short-term rental owners looking for less restrictive STR markets in Florida.

Cape Coral

Cape Coral has moderate short-term rental regulations, balancing community interests with tourism-driven demand.

• STRs must be registered with the city, and hosts must pay a one-time $35 registration fee per property.
• The city enforces a 7-day minimum rental period, though enforcement is inconsistent.
• A local contact person must be designated and available 24/7 in case of emergencies.
• Maximum occupancy limits apply, typically determined by the number of bedrooms.

Cape Coral remains a profitable Airbnb market, but rental owners should ensure full compliance with the city’s licensing and safety requirements.

Hollywood

Hollywood has some of the strictest STR regulations in Florida, largely due to community concerns over noise and parking violations.

• All STRs must be registered with the city and obtain a business tax receipt.
• A minimum $1M liability insurance policy is required for all short-term rentals.
• Noise monitoring systems must be installed in rental properties.
• A designated agent must be available 24/7 to address guest-related issues.
• Parking and trash regulations are strictly enforced, and violations can lead to permit revocation.

Hollywood’s strict oversight makes it a challenging market for Airbnb operators, but those who comply with the regulations can still run profitable short-term rental businesses.

Marco Island

Marco Island is considering stricter regulations for short-term rentals, though existing laws already require hosts to meet several conditions.

• STRs must be registered with the city, and a vacation rental license is required.
• The city is proposing a requirement for $1M in liability insurance, similar to Hollywood.
• A local contact person must be available at all times.
• Hosts must provide a parking plan and sketch of available spaces.
• Safety regulations require fire extinguishers, smoke detectors, and pool safety compliance.

Marco Island’s growing restrictions may make it more difficult for STR investors, but high demand for vacation rentals still makes it a lucrative market for compliant hosts.

Kissimmee

Kissimmee is one of the most Airbnb-friendly markets in Florida, largely due to its proximity to Walt Disney World and other major attractions. However, local regulations still apply.

• Hosts must obtain a business tax receipt and comply with licensing requirements.
• Zoning laws are strict, and STRs are only allowed in designated rental districts.
• Properties must meet Florida building codes and safety standards.
• Taxes must be collected and remitted, including the county’s transient rental tax.

Despite its regulations, Kissimmee remains one of the best places in Florida to own and operate a profitable short-term rental due to high tourist demand year-round.

Palm Beach County

Palm Beach County has adopted additional short-term rental regulations to ensure proper documentation and tax collection.

• STRs must be registered with the county, and hosts must provide a Business Tax Receipt account number.
• A Tourist Development Tax account is required for tax remittance.
• All properties must comply with occupancy limits and safety standards.
• Owners must submit a tax return every month, even if no rental activity occurs.

Palm Beach County’s regulations aim to create a balanced market, allowing Airbnb rentals while enforcing tax compliance and safety rules.

Clearwater Beach

Clearwater Beach has some of the strictest STR laws in Florida, making it difficult to operate an Airbnb legally in most residential areas.

• STRs are banned in most residential neighborhoods, except for specific zoning districts.
• Hosts must register with the city and obtain an STR permit.
• The minimum rental period in most areas is 31 days, effectively restricting short-term rentals.
• Fines for violations are enforced, and unregistered properties are subject to automatic penalties.

Due to these severe restrictions, many property owners in Clearwater Beach opt for long-term rentals rather than STRs.

St. Petersburg

St. Petersburg places short-term rentals under strict zoning laws, limiting how frequently STRs can operate without being classified as a hotel or motel.

• STRs outside of designated resort zones can only be rented up to 3 times per year.
• A business license and permit are required for STR operation.
• Zoning restrictions prohibit non-owner-occupied STRs in most residential areas.
• The city enforces strict noise and nuisance rules, and repeat violations can result in permit revocation.

Due to these restrictions, St. Petersburg is not an ideal market for STR investors unless properties are located within approved resort districts.

Best Practices for Staying Compliant

Understanding Florida’s short-term rental laws is essential, but staying compliant is what protects hosts from fines, penalties, or operational disruptions. Following best practices ensures that your Airbnb business runs smoothly while avoiding legal issues.

How to Properly Register a Short-Term Rental in Florida

The first step to legally operating an Airbnb in Florida is completing the necessary licensing and registration processes. While each city has its own specific rules, most Florida short-term rentals must be registered at both the state and local levels.

To properly register an STR, hosts should:

• Apply for a Florida DBPR vacation rental license, which is required if the property is rented more than three times per year for less than 30 days per stay.
• Check local zoning laws and obtain city-specific permits if required.
• Register with the Florida Department of Revenue (DOR) to collect and remit sales tax and discretionary surtax.
• Sign up for county-level transient rental tax accounts, where applicable.
• Renew all necessary permits and licenses annually to remain in compliance.

Each city or county may impose additional registration steps, so always check local regulations before listing a property.

How to Handle Short-Term Rental Taxes

Short-term rental owners in Florida are responsible for collecting and paying multiple types of taxes on their Airbnb income. Failure to comply with tax laws can result in significant penalties, back taxes, and interest charges.

To properly manage Florida STR taxes, hosts must:

• Collect and remit Florida's 6% state sales tax on all bookings.
• Determine their county’s transient rental tax rate, which can range from 0% to 6% depending on the location.
• Register with the Florida DOR and obtain a tax certificate before collecting taxes from guests.
• File monthly tax returns, even if no rental activity occurs during a given period.
• Understand which platforms handle tax collection—Airbnb automatically collects some state and local taxes, but Vrbo and direct bookings may require the host to handle payments manually.

By setting up proper tax collection and reporting systems, hosts can avoid audits and ensure full compliance with Florida’s tax laws.

How to Prevent Complaints and Fines

Even with all necessary licenses and tax registrations, Florida Airbnb hosts can still face fines if their rental disturbs neighbors or violates community rules. Many STR penalties stem from noise complaints, overcrowding, or improper trash disposal.

To prevent complaints and fines, hosts should:

• Clearly communicate house rules to guests, including noise, parking, and occupancy limits.
• Use a noise monitoring system (if required by the city) to ensure compliance with local noise ordinances.
• Follow all local parking regulations and ensure that guests do not block driveways or public streets.
• Comply with trash and recycling schedules to avoid neighborhood disruptions.
• Respect homeowner association (HOA) rules, as many HOAs ban or limit short-term rentals even if the city allows them.

Keeping a strong relationship with neighbors and ensuring guests follow city regulations can help Airbnb hosts operate without facing complaints or fines.

Upcoming Changes in 2025 and Beyond

Florida’s short-term rental regulations continue to evolve, with several cities proposing new laws aimed at managing Airbnb’s impact on communities. While state laws remain relatively stable, local governments frequently revise zoning laws, tax rules, and licensing requirements for STRs.

Proposed Law Changes in Florida

Several Florida cities are considering stricter regulations for short-term rentals. These changes could impact new and existing Airbnb hosts.

• Marco Island is expected to introduce a $1M liability insurance requirement, similar to Hollywood.
• Miami Beach may increase STR fines for illegal rentals, making enforcement even stricter.
• Sarasota is reviewing a proposal for more frequent property inspections and tighter occupancy limits.
• Naples may implement a cap on the total number of vacation rental permits issued per year.

Potential Statewide Regulations

While Florida has historically favored local control over short-term rentals, state lawmakers occasionally introduce proposals to unify regulations across all counties. Some key areas of debate include:

• Statewide Airbnb licensing standardization, which could simplify the registration process.
• Revised tax collection policies, requiring all booking platforms (including Vrbo and direct bookings) to collect and remit taxes automatically.
• Possible restrictions on STR density in residential neighborhoods, similar to Miami Beach’s zoning laws.

How Hosts Can Stay Updated 

Because STR laws are constantly evolving, it’s important for hosts to stay informed and adapt to regulatory changes. The best ways to keep up with new laws include:

Regularly checking the Florida DBPR website for updates on vacation rental licensing.

Following local city council meetings where new STR proposals are discussed.

Joining Airbnb host groups and forums to stay updated on best practices and legal changes.

Consulting with a real estate attorney if unsure about how new laws may affect your rental business.

By staying proactive and informed, Florida Airbnb hosts can adapt to future regulations while maintaining a profitable and legal short-term rental business.

The Bottom Line

This article has provided a comprehensive overview of Florida’s Airbnb laws, covering statewide and city-specific regulations, tax requirements, compliance strategies, and upcoming law changes.

If you're an Airbnb host or considering investing in Florida's short-term rental market, now is the time to:

✅ Double-check your city’s STR regulations to ensure compliance.
✅ Register your property with the Florida DBPR and local authorities if required.
✅ Set up proper tax collection and remittance systems to avoid penalties.
✅ Monitor upcoming legislation to stay ahead of regulatory changes.
✅ Consider working with Home Team Luxury Rentals for expert luxury Airbnb management.

Their full-service property management solutions help maximize cash flow and ROI while ensuring a hassle-free hosting experience. Whether you're looking to list your home as a high-end vacation rental or need a trusted team to manage your property, Home Team Luxury Rentals provides elevated hospitality and top-tier service.

Florida remains a profitable and viable market for short-term rentals, but success depends on understanding the laws, staying compliant, and operating responsibly. By following these steps, Airbnb hosts can build a thriving STR business while minimizing legal risks and maximizing profitability.